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right to social security as well as to the letter of 16 May 2012 from the Committee’s
Chairperson to States Parties regarding Covenant obligations in the context of the
world economic and financial crisis.
10.
The Committee notes with concern that provisions which are discriminatory towards
women, children born out of wedlock and same-sex couples continue to exist in the State
party’s legislation insofar as Covenant rights are concerned, in spite of the State party’s
efforts to ensure compliance with its obligations under the Covenant when undertaking
legislative revisions (art. 2(2)).
The Committee urges the State party to review in a comprehensive manner and,
where necessary, amend its laws to ensure that they do not directly or indirectly
discriminate in relation to the exercise and enjoyment of the Covenant rights.
11.
The Committee notes with concern that the State party’s legislation does not provide
full protection against discrimination on the grounds prohibited by the Covenant, in spite of
the existence of legislative provisions on non-discrimination in areas such as employment
(art. 2(2)).
The Committee calls on the State party to ensure that its laws effectively prohibit and
provide sanctions for discrimination in all fields of economic, social and cultural
rights, in line with the Covenant provisions. In this regard, the Committee encourages
the State party to adopt comprehensive legislation on non-discrimination aimed at
eliminating formal and substantive discrimination and providing for the
implementation of special measures . The Committee also refers the State party to its
general comment No. 20 (2009) on non-discrimination in economic, social and cultural
rights.
12.
The Committee notes with concern that the State party’s legislation on employment
does not fully protect against discrimination on the basis of disabilit y. Moreover, the
Committee is concerned that there is no legal obligation to provide reasonable
accommodation in the workplace when required. The Committee also notes with concern
that, in spite of measures taken such as those aimed at improving accessibility to work,
persons with disabilities experience de facto discrimination in employment, including their
placement in sheltered employment under substandard conditions (art. 2(2)).
The Committee calls on the State party to expedite the adoption of a revised Basic Act
for Persons with Disabilities prohibiting discrimination against persons with
disabilities in all aspects of employment and also establishing the obligation to provide
reasonable accommodation in the workplace when required. The Committee also calls
on the State party to apply labour standards to persons with disabilities working in
sheltered facilities and to continue to promote opportunities for productive and
gainful employment in the labour market for them, including through the application
of quotas. The Committee furthermore encourages the State party to ratify the
Convention on the Rights of Persons with Disabilities.
13.
The Committee is concerned that the entrenched gender role stereotypes in the State
party continue to prevent women’s equal enjoyment of economic, social and cultural rights.
The Committee also notes with concern that, in spite of steps taken such as the adoption of
the consecutive Basic Plans for Gender Equality, no sufficient measures have targeted a
change of attitude on gender roles in society at large. Moreover, the Committee is
concerned that, in spite of the commendable efforts by the State party, progress is slow, as
shown by the still drastic vertical and horizontal gender segregation in the labour market
and the high percentage of women who have to leave work or move to part-time
employment after childbirth. The Committee regrets the conservative targets set by the
State party in the Third Basic Plan for Gender Equality , which will not accelerate the
achievement of equality in the exercise of the Covenant rights (art. 3).
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